[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
RE: [wg-b] Points of agreement
I agree with Marilyn that we should be using the WIPO Standing Committee's
work. However, I believe we should use as the criteria for determining
whether a particular mark is famous in terms of its use on the Internet. We
should not, however, attempt to necessarily * define * what is a famous
mark.
Mike Heltzer
-----Original Message-----
From: Cade,Marilyn S - LGA [mailto:mcade@att.com]
Sent: Thursday, December 16, 1999 9:26 AM
To: 'Harald Tveit Alvestrand'; Hartman, Steve; wg-b@dnso.org
Subject: RE: [wg-b] Points of agreement
Can we agree to work on a definition, using WIPO's Standing Committee's work
and perhaps other well accepted legal texts? Marilyn
-----Original Message-----
From: Harald Tveit Alvestrand [mailto:Harald@alvestrand.no]
Sent: Wednesday, December 15, 1999 5:29 PM
To: Hartman, Steve; wg-b@dnso.org
Subject: RE: [wg-b] Points of agreement
At 10:07 15.12.99 -0500, Hartman, Steve wrote:
>I regret I cannot agree with the first. Reasonable criteria can be
>formulated for defining a famous mark for the limited purpose of an
>exclusionary rule. The second is probably right; it would depend in large
>part on how many marks are deemed famous. I agree with the third.
If you say "can be formulated", I think we're still in agreement (I *so*
much want to have agreement on something....) because my statement was
> - Famous marks are not defined to the point where one can make a list of
> them.
We can disagree on whether it's possible to make a reasonable list based on
reasonable criteria in the future without disagreeing about whether they
exist now or not.
I know, I'm clutching at straws.....
Harald
--
Harald Tveit Alvestrand, EDB Maxware, Norway
Harald.Alvestrand@edb.maxware.no